Karol Błąd

Court of Justice of the European Union (the “Court”) on 4 June 2015 (case C-195/14), stated that presenting on the product packaging ingredients which are not in fact present in the product may mislead the purchaser. According to article 2(1)(a)(i) of the Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labeling, presentation and advertising of foodstuffs (the “Directive”), misleading labeling of products is forbidden, since it should not evoke the impression, that some specific ingredient is present in the product, when in fact it is not. The Tribunal pointed out, that even, when on the product packaging there is a correct and comprehensive list of ingredients it could be in some cases not enough to remove false impression of the purchaser, who at first evaluates the product packaging (not the list of ingredients).

Bank Enforcement Order violates Constitution 

According to the ruling of Polish Constitutional Tribunal (Trybunał Konstytucyjny – TK) from 14 April 2015 article 96(1) and article 97(1) of the Banking Act of 29 August 1997 (Dz.U.2015.128) violate the constitutional principle of equality. Therefore Bank Enforcement Order (Bankowy Tytuł Egzekucyjny – BTE) is unconstitutional.

What is Bank Enforcement Order in polish law system?

I. New regulations

From the beginning of 2015 an amendments to the Act on the Protection of Personal Data came into force. Changes concern the extension of entitlements and duties of the Personal Data Protection Official (Administrator Bezpieczeństwa Informacji – ABI). The main aim of the amendments is to harmonize polish law with the Directive 95/46 EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

II. Registration of the ABI